2743.19
Enforcing and paying judgment and interest.

(A)
In rendering a judgment against the
state, the court of claims shall determine and specify in the judgment the
department, office, commission, board, agency, institution, or other
instrumentality of the state against which a determination of liability has
been made. The court of claims shall award compensation for fees to a
prevailing party in an action under this chapter in accordance with section
2335.39 of the Revised Code.

(B)
No execution shall issue
against the state or any department, board, office, commission, agency,
institution, or other instrumentality of the state upon any judgment for the
payment of money.

(C)
Judgments
shall be accomplished only through the following procedure, which may be
enforced by writ of mandamus directed to the appropriate official:

(1)
The clerk of the court of claims shall
forward a certified copy of the judgment to the director of budget and
management and the attorney general or the officer who signed the investigative
report for the department, office, commission, board, agency, institution, or
other instrumentality of the state against which a determination of liability
has been made.

(2)
The expense of
a judgment paid, plus interest at the same rate that is applicable to judgments
rendered against private parties to a suit as specified in section
1343.03 of the Revised Code and
for the number of days determined pursuant to division (B)(1) or (2) of section
2743.18 of the Revised Code, shall
be charged by the director of budget and management against available
unencumbered moneys in the appropriations to whichever state departments,
boards, offices, commissions, agencies, institutions, or other
instrumentalities are named in the judgment. The director of budget and
management shall have sole discretion to determine whether or not unencumbered
moneys in a particular appropriation are available for satisfaction of a
judgment.

(3)
The director of
budget and management, upon receipt of the certified copy of the judgment from
the clerk of the court of claims pursuant to division (C)(1) of this section,
shall provide for payment of the judgment creditor in the amount of the
judgment certified by the clerk of the court of claims, plus interest.

(4)
If the director of budget and
management determines that sufficient unencumbered moneys do not exist in the
particular appropriations to pay the judgment and interest, the director may
make application for payment of the judgment and interest out of the emergency
purposes account or another appropriation for emergencies or contingencies.

(5)
If moneys in the emergency
purposes account or another appropriation for emergencies or contingencies are
not used to pay the judgment and interest, the director of budget and
management shall request the general assembly to make an appropriation
sufficient to pay the judgment and interest, and no payment shall be made until
the appropriation has been made. The appropriate state department, board,
office, commission, agency, institution, or other instrumentality shall make
this appropriation request during the current biennium and during each
succeeding biennium until a sufficient appropriation is made.

(6)
If the judgment is against any
department, board, office, commission, agency, institution, or other
instrumentality of the state whose funds are not handled by the director of
budget and management, the instrumentality against which the judgment is made,
within sixty days after the date of the judgment, shall pay the judgment
creditor in the amount of the judgment plus interest at the same rate that is
applicable to judgments rendered against private parties to a suit as specified
in section
1343.03 of the Revised Code and
for the number of days determined pursuant to division (B)(1) or (2) of section
2743.18 of the Revised Code.

(D)
No judgment shall
be forwarded by the clerk of the court of claims to the director of budget and
management until all appeals have been determined and all rights to appeal have
been exhausted, except as otherwise provided in this section. If a party to a
civil action against the state appeals from only a portion of a judgment and if
a remaining portion provides for the payment of money by the state, a certified
copy of the judgment and a copy of the notice of appeal shall be forwarded to
the director, and that part of the judgment calling for the payment of money by
the state and not a subject of the appeal shall be processed for payment as
described in this section.